Cross

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2022-409-586

[2023] NZHC 2682

IN THE MATTER OF The Wills Act 2007

BETWEEN

GARY FRANCIS CROSS

Applicant

Hearing: On the papers

Counsel:

K W Clay and D K Quirk for the Applicant D J Cross (self-represented)

Judgment:

26 September 2023

JUDGMENT OF HARLAND J AS TO COSTS

[1]I issued my judgment in respect of these proceedings on 6 September 2023.1

[2] In relation to costs, I was not persuaded that anything apart from a claim under scale 2B was justified.2 I invited counsel to submit a further memorandum outlining the costs claimable under scale 2B in accordance with my judgment.

[3] Counsel filed a further memorandum as to costs dated 22 September 2023, which attaches a schedule of costs under scale 2B and identifies the disbursements that have been incurred.

1 Re: Cross [2023] NZHC 2497.
2 At [46]-[47].

RE: CROSS [2023] NZHC 2682 [26 September 2023]

[4] I order that costs and disbursements, as outlined in that schedule, be awarded and that they be paid out of the estate. In so doing, I refer to the memorandum filed by Mr Daniel Cross on 15 August 2023 which records that all of the beneficiaries have agreed to a Deed of Family Arrangement, including that all expenses, including court costs, are to be met by the estate.

Harland J

Solicitors:
K W Clay, Clarendon Chambers, Christchurch D K Quirk, Layburn Hodgins Ltd, Christchurch

Copy to:
G F Cross, applicant.

CaseChat Overview and Summary

Gary Francis Cross has applied for costs in relation to proceedings under The Wills Act 2007. The matter was heard on the papers, with the applicant represented by counsel and the respondent self-represented. The court was required to determine the appropriate costs to be awarded under the New Zealand scale 2B for matters involving a will or succession.

The court considered the submissions from both parties and the schedule of costs provided by counsel. The court was not persuaded that any costs beyond scale 2B were warranted. Harland J ordered that the costs and disbursements, as outlined in the schedule, be awarded and paid from the estate. The decision references a previous agreement between the beneficiaries, including that all expenses, including court costs, are to be met by the estate.

The final orders are that the costs and disbursements outlined in the schedule be awarded and paid from the estate. The parties were instructed to copy the judgment to their respective solicitors and the applicant, Gary Francis Cross.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Hearing:	On the papers
Counsel:	K W Clay and D K Quirk for the Applicant D J Cross (self-represented)
Judgment:	26 September 2023